A supplement to an Act, entitled, “An Act to prevent the Importation of Slaves in to the State of New Jersey, and to authorize the Manumission of them under certain Restrictions, and to prevent the Abuse of Slaves.”
Sect. 1
BE IT ENACTED by the Council and General Assembly of this State, and it
is hereby Enacted by the Authority of the same, That if any Person or Persons
shall fit out, equip, man or otherwise prepare, any Ship or other Vessel within
any port or harbor of this State, for the purpose of carrying on a Trade or
Traffic in Slaves, to, from or between Europe, Asia, Africa, of America, or
any places or Countries whatever, or of transporting Slaves to or from one Port
or Place to another in any Part of the World, for the Purpose of Sale, such
Ship or Vessel, her cargo, Tackle, Furniture, Apparel, or other Appurtenances,
shall be forfeited, and be liable to be seized by any Justice of the Peace,
Naval-Officer, Sheriff or Coroner, within this State, and prosecuted by such
Justice of the Peace, Naval-Officer Sheriff or Coroner, making such Seizure,
by information in Rem in the Supreme Court, or the Inferior Court of Common
Pleas of the County within such Seizure shall be made.
Sect. 2
And be it further Enacted by the Authority aforesaid, that every ship
or other vessel with her Cargo, Tackle, Furniture, Apparel and other Appurtenances,
so seized aforesaid, and against which Judgment shall be had and obtained, shall,
by order of the Court in which such Judgment was so had, be sold at public Venue,
by the Sheriff of the County, unless the said Sheriff be a Party to the Prosecution,
and then by the Coroner of the County in which the said Seizure was made, who,
after deducting all legal costs and charges to be taxed by one of the Judges
of the Court in which the said Judgment was had, is hereby ordered and directed
to pay seven-eighth parts of the net proceeds thereof to the Collector of the
County in which such Seizure was made, for the Use of the State, and the remaining
eighth part thereof to the person of persons who made the seizure, and prosecuted
to the same to effect; and the said sheriff or coroner by whom the said sale
shall be made, is hereby entitled to receive, and take out of the proceeds of
the said sale, one percent for his trouble.
Sect. 3
And be it further enacted by the authority aforesaid, that if any master,
seaman or other person, on board any ship or other vessel so liable to be seized
aforesaid, shall refuse, and not suffer to enter, or resist before or after
entering, on board such ship or other vessel, any such person or persons attempting
to enter on board, or being already entered on board of such ship or other vessel
for the purpose of making such seizure aforesaid, every person so refusing or
resisting shall forfeit and pay the sum of Fifty Pounds, to be recovered by
the person or persons so resisted, in an Action of Debt in any court of record
within this State, with Costs of suit, on half part thereof for the use of the
person or persons who shall prosecute the same to effect, any law, usage or
custom, to the contrary notwithstanding.
Sect. 4
And be it further enacted, that no negro or mulatto slave shall be
removed out of this State, whose place of residence has been therein for twelve
months immediately preceding such removal, with a design and intention that
the place of abode or residence of such slave shall be thereby changed, without
his or her consent, if of full age, testified upon private examination before
a Justice of the Peace of the city or county in which he or she shall reside,
or, being under the age of twenty-one years, without his or her consent testified
in manner aforesaid, as also without the consent of his or her parent or parents,
if any there be, to be testified in like manner whereof the said Justice shall
make a record, and deliver to said Slave a copy thereof, containing the name,
age, condition, and then place of abode, of such slave, the reason of such removal,
and the place to which he or she is about to go; and if any person or persons
whatsoever shall sell or dispose of any such slave to any person out of this
State, or shall send or carry, or cause to be sent or carried, any such slave
out of this State, without having obtained all such consent as by this Act is
required, testified in the manner aforementioned, every such person or persons,
his or their Aiders and Abetters, shall feverally forfeit and pay, for every
such offence, the sum of Twenty Pounds, to be recovered in any court of record
where cognizable, with costs of suit, by any person who will sue for the same,
on Moiety to the Plaintiff, and the other Moiety to the use of the Poor of the
Township from which the slave be removed. Provided nevertheless, that nothing
in this Act shall be construed or understood to make any person or persons liable
to the above penalty who may or shall remove to and reside in any of the neighboring
States, and take his, her or their slave or slaves with him, her or them, an
thing to the contrary notwithstanding.
Sect. 5
Be it further enacted, that all criminal offences of Negroes and Mulattoes,
as well Slaves and servants as free persons, shall be inquired of, adjudged,
corrected and punished, in like manner as the criminal offences of other Inhabitants
of this State are and shall be Inquired of, adjudged, corrected and punished,
and not otherwise, any law, usage or custom to the contrary in any wife notwithstanding.
Sect. 6
And be it further Enacted by the authority aforesaid, that ever person
or persons of within this State, who shall be the owner or owners of any negro
or mulatto slave or slaves, servant or servants, for life, or years, born after
the publication of this Act, shall cause every such slave or slaves, servant
or servants, while under the age of twenty-one years, to be taught and instructed
to read; and every owner or owners of such negro or mulatto slave or slaves,
servant or servants, who shall neglect or refuse to cause his, her or their
slave or slaves, servant or servants, to be taught and instructed as aforesaid,
shall forfeit and pay the sum of Five Pounds, to be recovered by the action
of debt, before any Justice of the Peace within this State, by any person or
person who shall or may prosecute the same.
Sect. 7
And be it enacted by the authority aforesaid, that the seventh section
of the Act, entitled “An Act to prevent the Importation of Slaves into
the State of New Jersey, and to authorize the Manumission of them under certain
Restrictions, and to prevent the Abuse of Slaves,” shall be and the same
is hereby repealed.
<Passed at Princeton, November 26, 1788>